The Age Discrimination Act of 1975 (the Age Act) generally prohibits discrimination on the basis of age in programs or activities that receive federal financial assistance. ED’s regulations implementing the Age Act are codified at 34 C.F.R. Part 110 and state that no person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.

OCR received 352 complaints of age discrimination in FY 2006. Of these, 86 were “age-only” complaints and 266 were “multiple bases” complaints. Of the 352 complaints received, 203 were processed in OCR and 149 were referred to other federal agencies for processing as appropriate. Issues surrounding allegations of discrimination on the basis of age vary. The most frequently cited issues involving students include “treatment of beneficiary” (61 complaints); “admission to education programs” (45 complaints); “academic evaluation/grading” (27 complaints); “discipline” (17 complaints); “student rights-retaliation/harassment (12 complaints); and “support services- counseling/housing/financial assistance” (12 complaints).